✦ High Court of India · 13 Mar 2025

The High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Length
1,514 words

Cited in this judgment

of Telangana, High Court, Hyderabad. 2 Pulipati Ganesh, S/o.Pedda Anthaiah, Aged 31 years, Occu Pvt. Job, R/o. H.No. 1 1-275, Padmavathi Colony, Gundrapally Road, Chandur Vill andMandal Nalgonda District. ...Respondents/Complainants Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to QUASH the proceedings in C.C. No. 1707 of 2021 , judicial First Class Magistrate (Special Mobile Court) at Nalgonda for an offence under Sections 417,418 and 506 lPC. l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to STAY all further proceedings in C.C. No. 1707 of 202 t, iudicial First Class Magistrate (Special Mobile Court) at Nalgonda. l.A.No.1 ol 2O25 and l:A.No.2 ol 2025 l.A. No: 1 of 2025 Between: Pulipati Ganesh S/o Pedda Anthaiah, Aged 32 years, Ccc pvt. Job R/o H.No 11-275, Padmavathi Colony, Gundrapalty Roird, Chandur village & Mandal, Nalgonda district ...Petitioner/ Respondent No.2 in Crl.p AND '1. Ganji Pulipati Krishnaveni D/o. Madhusudhan, W/o. Ganesh Aged 29 years, Occ: Private Job 2. Ganji Madhusudhan, S/o. Narsimha, Aged 58 years Occ Weaver 3. Ganji Laxnri, Wo Madhusudhan, Aged 49 years, Occ: House wife 4. Ganji Vishwanath S/o Madhusudhan Aged 31 yt..ars, Occ: Private Job 5. Ganji @ Thirandasu Jhansi @ Suma D/o. Madhusudhan, aged 32 years Occ: House wife ... Respondents/Petition,,.rs in Crl.P/Accused. All Petitioners are residents of Srinagar Colony, p & T Colony Dilsukh Nagar, Saroor Naglar, Ranga Reddy District. o The State of Telangana, Rep. by Public prosecutor, Higlr Court for the State of Telangana, High Court, Hyderabad. ...RespondenURespondent No.1 n Crl.p/Complainant Petition under section 359 (6) of BNSS praying that n rhe circumstances stated in the Mernorandum of Grounds of criminal petition, the High court may be pleased to PERMIT the Petitioner herein / 2nd Respondert in euash petition / De-Facto complainant to compromise the matter with the Respondent Nos. 1 to 5 herein / Petitioners in Quash Petition / Accused for the offences punishabte U/ sec. 417 , 415 and 506 IPC in c.c.No . 1707 of 2021 , on the file of the Judicial First Class Magisirate (Special Mobile Court at Nalgonda) Nalgonda. l.A. NO: 2 of 2025 Petition under Section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow compromise petition filed by the Petitioner herein / 2nd Respondent in Quash Petition / De-Facto Complainant to compromise the matter with the Respondent Nos. 1 to 5 herein / Petitioners in Quash Petition / Accused for the offences punishable U/ Sec. 417, 415 and 506 IPC in C.C.No. 1707 ot 2021 , on the file of the Judicial First Class Magistrate (Special ttlobile Court at Nalgonda) Nalgonda by recording the lVlemorandum of Compromise- This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Sai Babu, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Sri N.Laxmi Narayana, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER r:frt- :64r**jr:.. . ' ...:.. THE HONOURABLE SRI JUSTICE N.TUIGRAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.8859 OF i'-022 COMMON ORDER This Criminal Petition is filed under Sectior 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNS;S, 2023'), seeking quashment of the proceedings against the petitioners in C.C.No.'1 707 of 2021 , on the file of the Judicial First Class Mqgist-ate (Special Mobile Court), Nalgonda

2. The p,etitioners are arrayed as accused Nos.l to 5 in the Calendar Case registered for the offences punishable under Seclions 417,418, 506 of lndian Penat Code, 1860

3. Hearcl IVlr. K.Sai Babu, learned counsel lor the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor representing the respondent No.1-State and l\tlr.N.Laxmi Narayana, Iearned counsel for the respondent No.2/de-facfo conrplainant

4. Pending this petition, the pafties have entered into the compromise and, accordingly, they moved l.A.Nos.1 and 2 of 2Oi'.5 with the prayer to permit them to enter into compromise and by recording the settlementjd quash the proceedings against the petitioners/accused Nos.l to 5 in C.C.No 170'l of 2021 I I I i I I i : i ,':--.: 2 I-.:l-Narl ad 2 af 2025 ir/ Cr/.P.N0.E859 af 2022

5. This Court vide order dated 04.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 11.03.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlement/compromise

6. lhave considered the submissions of the learned counsel and perused the materials on record.

7. Having considered the allegations, the charged offences and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anil Mishra v. Sfate of u.P.2; Stafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.1528 of BNSS, 2023, would be in the interest of justice. | 2012 (10) SCC 303 ? 2024 INSC 189 ' 2019 (5) scc 688 r ( ,\ l I I i, I 3 Nlli,./ , -:1.'ror I ad 2 aJ 2025 iz/ and Crl.P.Na.8859 of 2022 B. Accordingly, l.A.Nos.1 and 2 of 2025 are allc,wed. Consequenfly, all proceedings in C.C.No.'1 707 of 2021, on the fil<: of the Judicial First Class Magistrate (Special Mobile Court), Nalgonda, are hereby quashed against the petitioners/accused Nos.1 to 5.

9. ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SDr. M.OSMAN ALI BAIG REGISTRAR ON OFFICER t. To,

1. 2. J.

4. 5. 6 Judicial First Class (Special Mobile) Magistrate, Nalgonda The Station House Officer, Chandur Police Station, Nallonda Two CCs Io the Public Prosecutor, High Court for the Slate of Telangana at Hyderabad (OUT) One CC to Sri K Sai Babu, Advocate [OPUC] One CC to SRI N.Laxmi Narayana, Advocate IOPUCI Two CD Copies ABK/gh Along with a copy of Joint Memo of Compromise .t' r HIGH COURT DATED: 1310312025 COMMON ORDER l.A. Nos. 1 AND 2 OF 2025 In/and CRLP.No.8859 ol 2022 r ,1jj 1 11E (

1.-::\ ..n,;.:)). i 10 stP t025 ir -' 1,. \'/- \'/ \r' ., \l'r -...,, . ;l 'ar,/ ',:/, DISPOSING OF THE CRIMINAL PETITION AND ALLOWING l.A.Nos. 1 AND 2 OF 2025 4 4,b /1 /s ,lt { W Date:1 1-O3-2025 HIGH COURT LEGAL SERVICES COMMITTEE FOR THE STATE OF TELANGANA Report submitted by the secretary, High Court Legal Services Committee. IN Criminal Petition No.8859 of 2022 May it please Your Lordship, It is respectfutty submitted that Sri K.Krishna, Counset, on behatf of Sri K.Saibabu, Counsel for the Pet'itioners and Sri N.Laxmi Narayana, Counsel for the Respondent No.2, have appeared before me today i.e., on 1l-03-2025, in obedience to the orders dated 04-03-2025 of the Hon'ble High Court for the State of Tetangana, atong with their respective parties who are being identified by them. I have verified the particulars of Petitioner No.1 - Ganji Putipati Krishnaveni (Aadhar Card), Petitioner No.2 - Ganji Madhusudhan (Aadhar Card), Petitioner No.3 - Ganji Laxmi (Aadhar Card), Petitioner No.4 - Ganji Vishwanath (Aadhar Card), Petitroner No.5 - Ganji @ Thirandasu Jhansi @ Suma (Aadhar Card) and Respondent No.2 - Putipati Ganesh (Aadhar Card). Att the parties are duty identified and copies of their Aadhar Cards are endorsed by their respective cct':se[ and the same are enctosed herewith. The copies of ldentity Cards of the respective counse[ are atso enclosed herewith. When asked, a[[ the parties stated that they have wittfutty and without any coercion entered into Compromise. Hence the report. H-(6*,Ir^i Vo.^ak-^ftt6*- cECRETARY Hi gh Court LegaI Services Committee.

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